Opinion

Hyupsung T.R.D. CO., LTD. v. Volumecocomo Apparel, Inc.

Court: District Court, C.D. California
Filed: Oct 25, 2022
Cited by: 0 cases
Authority: More cited than 16.4%

distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record
even stipulated protective orders require good cause showing

Written by the judges who cited it.

The opinion

STIPULATED PROTECTED ORDER

- 1 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 1 of 20 Page ID #:93

HYUNSUK ALBERT CHANG (SBN 206270)

Email: albertchang@aclawfirm.net

HECTOR HSU (SBN 323657)

Email: hhsu@aclawfirm.net

LAW OFFICES OF ALBERT CHANG

1225 W. 190th Street, Suite 420

Gardena, CA 90248

Telephone: (310) 769-6836

Attorneys for Plaintiff HYUPSUNG T.R.D. CO., LTD.,

a South Korean Corporation

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HYUPSUNG T.R.D. CO., LTD., a) Case No. 2:22-cv-00990-GW-AFM

South Korean Corporation ) Honorable George H. Wu

)

Plaintiff, )

)

vs. )

) [PROPOSED] STIPULATED

) PROTECTIVE ORDER

VOLUMECOCOMO APPAREL, INC.,)

a California Corporation, d/b/a)

)

COCOMO PETITE; HYOSIK CHANG,)

an individual, a/k/a CHRISTOPHER)

)

CHANG; and DOES 1 through 10, )

inclusive, )

)

Defendants. )

1. A. PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,

proprietary or private information for which special protection from public

disclosure and from use for any purpose other than prosecuting this litigation may

be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

enter the following Stipulated Protective Order. The parties acknowledge that this

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 2 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221 84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 2 of 20 Page ID #:94

Order does not confer blanket protections on all disclosures or responses to

discovery and that the protection it affords from public disclosure and use extends

only to the limited information or items that are entitled to confidential treatment

under the applicable legal principles.

B. GOOD CAUSE STATEMENT

This action is likely to involve trade secrets, customer and pricing lists and

other valuable research, development, commercial, financial, technical and/or

proprietary information for which special protection from public disclosure and from

use for any purpose other than prosecution of this action is warranted. Such

confidential and proprietary materials and information consist of, among other

things, confidential business or financial information, information regarding

confidential business practices, or other confidential research, development, or

commercial information (including information implicating privacy rights of third

parties), information otherwise generally unavailable to the public, or which may be

privileged or otherwise protected from disclosure under state or federal statutes,

court rules, case decisions, or common law. Accordingly, to expedite the flow of

information, to facilitate the prompt resolution of disputes over confidentiality of

discovery materials, to adequately protect information the parties are entitled to keep

confidential, to ensure that the parties are permitted reasonable necessary uses of

such material in preparation for and in the conduct of trial, to address their handling

at the end of the litigation, and serve the ends of justice, a protective order for such

information is justified in this matter. It is the intent of the parties that information

will not be designated as confidential for tactical reasons and that nothing be so

designated without a good faith belief that it has been maintained in a confidential,

non-public manner, and there is good cause why it should not be part of the public

record of this case.

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 3 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 3 of 20 Page ID #:95

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL

The parties further acknowledge, as set forth in Section 12.3, below, that this

Stipulated Protective Order does not entitle them to file confidential information

under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

and the standards that will be applied when a party seeks permission from the court

to file material under seal.

There is a strong presumption that the public has a right of access to judicial

proceedings and records in civil cases. In connection with non-dispositive motions,

good cause must be shown to support a filing under seal. See Kamakana v. City and

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

good cause showing), and a specific showing of good cause or compelling reasons

with proper evidentiary support and legal justification, must be made with respect to

Protected Material that a party seeks to file under seal. The parties’ mere designation

of Disclosure or Discovery Material as CONFIDENTIAL does not — without the

submission of competent evidence by declaration, establishing that the material

sought to be filed under seal qualifies as confidential, privileged, or otherwise

protectable — constitute good cause.

Further, if a party request sealing related to a dispositive motion or trial, then

compelling reasons, not only good cause, for the sealing must be shown, and the

relief sought shall be narrowly tailored to serve the specific interest to be protected.

See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

each item or type of information, document, or thing sought to be filed or introduced

under seal in connection with a dispositive motion or trial, the party seeking

protection must articulate compelling reasons, supported by specific facts and legal

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 4 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 4 of 20 Page ID #:96

justification, for the requested sealing order. Again, competent evidence supporting

the application to file documents under seal must be provided by declaration.

Any document that is not confidential, privileged, or otherwise protectable in

its entirety will not be filed under seal if the confidential portions can be redacted. If

documents can be redacted, then a redacted version for public viewing, omitting only

the confidential, privileged, or otherwise protectable portions of the document, shall

be filed. Any application that seeks to file documents under seal in their entirety

should include an explanation of why redaction is not feasible.

2. DEFINITIONS

2.1 Action: this pending above-entitled federal lawsuit.

2.2 Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.

2.3 “CONFIDENTIAL” Information or Items: information (regardless of

how it is generated, stored or maintained) or tangible things that qualify for

protection under Federal Rule of Civil Procedure 26(c), and as specified above in

the Good Cause Statement.

2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).

2.5 Designating Party: a Party or Non-Party that designates information or

items that it produces in disclosures or in responses to discovery as

“CONFIDENTIAL.”

2.6 Disclosure or Discovery Material: all items or information, regardless

of the medium or manner in which it is generated, stored, or maintained (including,

among other things, testimony, transcripts, and tangible things), that are produced or

generated in disclosures or responses to discovery in this matter.

2.7 Expert: a person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party or its counsel to serve as

an expert witness or as a consultant in this Action.

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 5 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 5 of 20 Page ID #:97

2.8 House Counsel: attorneys who are employees of a party to this Action.

House Counsel does not include Outside Counsel of Record or any other outside

counsel.

2.9 Non-Party: any natural person, partnership, corporation, association or

other legal entity not named as a Party to this action.

2.10 Outside Counsel of Record: attorneys who are not employees of a party

to this Action but are retained to represent or advise a party to this Action and have

appeared in this Action on behalf of that party or are affiliated with a law firm that

has appeared on behalf of that party, and includes support staff.

2.11 Party: any party to this Action, including all of its officers, directors,

employees, consultants, retained experts, and Outside Counsel of Record (and their

support staffs).

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

2.13 Professional Vendors: persons or entities that provide litigation support

services (e.g., photocopying, videotaping, translating, preparing exhibits or

demonstrations, and organizing, storing, or retrieving data in any form or medium)

and their employees and subcontractors.

2.14 Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.

2.16 Final Disposition: shall be deemed to be the later of (1) dismissal of all

claims and defenses in this Action, with or without prejudice; and (2) final judgment

herein after the completion and exhaustion of all appeals, rehearings, remands, trials,

or reviews of this Action, including the time limits for filing any motions or

applications for extension of time pursuant to applicable law.

3. SCOPE

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 6 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 6 of 20 Page ID #:98

The protections conferred by this Stipulation and Order cover not only

Protected Material (as defined above), but also (1) any information copied or

extracted from Protected Material; (2) all copies, excerpts, summaries, or

compilations of Protected Material; and (3) any testimony, conversations, or

presentations by Parties or their Counsel that might reveal Protected Material.

Any use of Protected Material at trial shall be governed by the orders of the

trial judge. This Order does not govern the use of Protected Material at trial.

4. DURATION

Once a case proceeds to trial, information that was designated as

CONFIDENTIAL, at whatever level of protection being asserted, or maintained

pursuant to this protective order used or introduced as an exhibit at trial becomes

public and will be presumptively available to all members of the public, including

the press, unless compelling reasons supported by specific factual findings to

proceed otherwise are made to the trial judge in advance of the trial. See Kamakana,

447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents

produced in discovery from “compelling reasons” standard when merits-related

documents are part of court record). Accordingly, the terms of this protective order

do not extend beyond the commencement of the trial for such information used or

introduced. However, even after Final Disposition of this litigation, as defined in

paragraph 2.16, the confidentiality obligations imposed by this Order for information

that was designated or maintained pursuant to this protective order which was not

used or introduced as an exhibit at trial shall remain in effect until a Designating

Party agrees otherwise in writing or a court order otherwise directs.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under

this Order must take care to limit any such designation to specific material that

qualifies under the appropriate standards. To the extent it is practical to do so, the

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 7 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 7 of 20 Page ID #:99

Designating Party must designate for protection only those parts of material,

documents, items or oral or written communications that qualify so that other

portions of the material, documents, items or communications for which protection

is not warranted are not swept unjustifiably within the ambit of this Order.

Mass, indiscriminate or routinized designations are prohibited. Designations

that are shown to be clearly unjustified or that have been made for an improper

purpose (e.g., to unnecessarily encumber the case development process or to impose

unnecessary expenses and burdens on other parties) may expose the Designating

Party to sanctions.

If it comes to a Designating Party’s attention that information or items that it

designated for protection do not qualify for protection, that Designating Party must

promptly notify all other Parties that it is withdrawing the inapplicable designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

under this Order must be clearly so designated before the material is disclosed or

produced.

Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic documents,

but excluding transcripts of depositions or other pretrial or trial proceedings), that

the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, to each page that contains

protected material. If only a portion of the material on a page qualifies for protection,

the Producing Party also must clearly identify the protected portion(s) (e.g., by

making appropriate markings in the margins) and must specify, for each portion, the

level of protection being asserted.

A Party or Non-Party that makes original documents available for inspection

need not designate them for protection until after the inspecting Party has indicated

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 8 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 8 of 20 Page ID #:100

which documents it would like copied and produced. During the inspection and

before the designation, all of the material made available for inspection shall be

deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the

inspecting Party has identified the documents it wants copied and produced, the

Producing Party must determine which documents, or portions thereof, qualify for

protection under this Order. Then, before producing the specified documents, the

Producing Party must affix the appropriate legend (“CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that

contains Protected Material. If only a portion of the material on a page qualifies for

protection, the Producing Party also must clearly identify the protected portion(s)

(e.g., by making appropriate markings in the margins) and must specify, for each

portion, the level of protection being asserted .

(b) for testimony given in deposition or in other pretrial or trial proceedings,

that the Designating Party identify on the record, before the close of the deposition,

hearing, or other proceeding, all protected testimony and specify the level of

protection being asserted. When it is impractical to identify separately each portion

of testimony that is entitled to protection and it appears that substantial portions of

the testimony may qualify for protection, the Designating Party may invoke on the

record (before the deposition, hearing, or other proceeding is concluded) a right to

have up to 21 days to identify the specific portions of the testimony as to which

protection is sought and to specify the level of protection being asserted. Only those

portions of the testimony that are appropriately designated for protection within the

21 days shall be covered by the provisions of this Protective Order. Alternatively, a

Designating Party may specify, at the deposition or up to 21 days afterwards if that

period is properly invoked, that the entire transcript shall be treated as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.”.

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 9 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 9 of 20 Page ID #:101

Parties shall give the other parties notice if they reasonably expect a

deposition, hearing, or other proceeding to include Protected Material so that the

other parties can ensure that only authorized individuals who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those

proceedings. The use of a document as an exhibit at a deposition shall not in any

way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

– ATTORNEYS’ EYES ONLY.”

Transcripts containing Protected Material shall have an obvious legend on the

title page that the transcript contains Protected Material, and the title page shall be

followed by a list of all pages (including line numbers as appropriate) that have been

designated as Protected Material and the level of protection being asserted by the

Designating Party. The Designating Party shall inform the court reporter of these

requirements. Any transcript that is prepared before the expiration of a 21-day period

for designation shall be treated during that period as if it had been designated

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless

otherwise agreed. After the expiration of that period, the transcript shall be treated

only as actually designated.

any other tangible items, that the Producing Party affix in a prominent place on the

exterior of the container or containers in which the information is stored the legend

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.” If only a portion or portions of the information or item warrants protection,

the Producing Party, to the extent practicable, shall identify the protected portion(s)

and specify the level of protection being asserted.

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive

the Designating Party’s right to secure protection under this Order for such material.

Upon timely correction of a designation, the Receiving Party must make reasonable

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 10 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 10 of 20 Page ID #:102

efforts to assure that the material is treated in accordance with the provisions of this

Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Any Party or Non-Party may challenge a

designation of confidentiality at any time that is consistent with the Court’s

Scheduling Order. Unless a prompt challenge to a Designating Party’s

confidentiality designation is necessary to avoid foreseeable, substantial unfairness,

unnecessary economic burdens, or a significant disruption or delay of the litigation,

a Party does not waive its right to challenge a confidentiality designation by electing

not to mount a challenge promptly after the original designation is disclosed.

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

resolution process by providing written notice of each designation it is challenging

and describing the basis for each challenge. To avoid ambiguity as to whether a

challenge has been made, the written notice must recite that the challenge to

confidentiality is being made in accordance with this specific paragraph of the

Protective Order. The parties shall attempt to resolve each challenge in good faith

and must begin the process by conferring directly (in voice to voice dialogue; other

forms of communication are not sufficient) within 14 days of the date of service of

notice. In conferring, the Challenging Party must explain the basis for its belief that

the confidentiality designation was not proper and must give the Designating Party

an opportunity to review the designated material, to reconsider the circumstances,

and, if no change in designation is offered, to explain the basis for the chosen

designation. A Challenging Party may proceed to the next stage of the challenge

process only if it has engaged in this meet and confer process first or establishes that

the Designating Party is unwilling to participate in the meet and confer process in a

timely manner..

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 11 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 11 of 20 Page ID #:103

6.3 Joint Stipulation. If the Parties cannot resolve a challenge without court

intervention, any challenge submitted to the Court shall be via a joint stipulation

pursuant to Local Rule 37-2.

6.4 The burden of persuasion in any such challenge proceeding shall be on

the Designating Party. Frivolous challenges, and those made for an improper

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

parties) may expose the Challenging Party to sanctions. Unless the Designating Party

has waived or withdrawn the confidentiality designation, all parties shall continue to

afford the material in question the level of protection to which it is entitled under the

Producing Party’s designation until the Court rules on the challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is

disclosed or produced by another Party or by a Non-Party in connection with this

Action only for prosecuting, defending or attempting to settle this Action. Such

Protected Material may be disclosed only to the categories of persons and under the

conditions described in this Order. When the Action has been terminated, a

Receiving Party must comply with the provisions of section 13 below (FINAL

DISPOSITION).

Protected Material must be stored and maintained by a Receiving Party at a

location and in a secure manner that ensures that access is limited to the persons

authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

otherwise ordered by the court or permitted in writing by the Designating Party, a

Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

(a) the Receiving Party’s Outside Counsel of Record in this Action, as well

as employees of said Outside Counsel of Record to whom it is reasonably necessary

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 12 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 12 of 20 Page ID #:104

to disclose the information for this Action and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

(b) the officers, directors, and employees (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this Action and who

have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

disclosure is reasonably necessary for this Action and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

(d) the court and its personnel;

(e) court reporters and their staff;

(f) professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this Action and who have

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(g) the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;

(h) during their depositions, witnesses, and attorneys for witnesses, in the

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

requests that the witness sign the form attached as Exhibit A hereto; and (2) they

will not be permitted to keep any confidential information unless they sign the

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

agreed by the Designating Party or ordered by the court. Pages of transcribed

deposition testimony or exhibits to depositions that reveal Protected Material may

be separately bound by the court reporter and may not be disclosed to anyone except

as permitted under this Stipulated Protective Order; and

(i) any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions, and

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 13 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 13 of 20 Page ID #:105

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY”. Unless otherwise ordered by the Court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item

designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” only to:

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

employees of said Outside Counsel of Record to whom it is reasonably necessary to

disclose the information for this Action and who have signed the “Acknowledgment

and Agreement to Be Bound” that is attached hereto as Exhibit A, except that unless

otherwise agreed no Outside Counsel who is involved in competitive decision-

making1, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed.

Cir. 1984), shall have access to Discovery Material designated as “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”;

(b) Experts of the Receiving Party (1) to whom disclosure is reasonably

necessary for this litigation, (2) who have signed the “Acknowledgment and

Agreement to Be Bound” (Exhibit A), and (3) who are not a current officer, director,

or employee of a competitor of a Party or anticipated to become one;

(d) court reporters and their staff,

(e) professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this Action and who have

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and

(f) the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

1 For the absence of doubt, for the purposes of this Protective Order, “competitive decision-making” shall not

include duties traditionally performed by outside counsel with respect to advising the Parties regarding this or other

litigation.

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 14 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 14 of 20 Page ID #:106

If a Party is served with a subpoena or a court order issued in other litigation

that compels disclosure of any information or items designated in this Action as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY,” that Party must:

(a) promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;

(b) promptly notify in writing the party who caused the subpoena or order to

issue in the other litigation that some or all of the material covered by the subpoena

or order is subject to this Protective Order. Such notification shall include a copy of

this Stipulated Protective Order; and

by the Designating Party whose Protected Material may be affected.2

If the Designating Party timely seeks a protective order, the Party served with

the subpoena or court order shall not produce any information designated in this

action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” before a determination by the court from which the subpoena or order

issued, unless the Party has obtained the Designating Party’s permission. The

Designating Party shall bear the burden and expense of seeking protection in that

court of its confidential material and nothing in these provisions should be construed

as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

directive from another court.

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

(a) The terms of this Order are applicable to information produced by a Non-

Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

2 The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and

to afford the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court

from which the subpoena or order issued.

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 15 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 15 of 20 Page ID #:107

Non-Parties in connection with this litigation is protected by the remedies and relief

provided by this Order. Nothing in these provisions should be construed as

prohibiting a Non-Party from seeking additional protections.

(b) In the event that a Party is required, by a valid discovery request, to

produce a Non-Party’s confidential information in its possession, and the Party is

subject to an agreement with the Non-Party not to produce the Non-Party’s

confidential information, then the Party shall:

(1) promptly notify in writing the Requesting Party and the Non-Party

that some or all of the information requested is subject to a confidentiality agreement

with a Non-Party;

(2) promptly provide the Non-Party with a copy of the Stipulated

Protective Order in this Action, the relevant discovery request(s), and a reasonably

specific description of the information requested; and

(3) make the information requested available for inspection by the

Non-Party, if requested, and provide the Non-Party the opportunity to designate the

information requested as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” pursuant to Section 5, above.

pursuant to Section 5, above, or seek a protective order from this court within 14

days of receiving the notice and accompanying information, the Receiving Party

may produce the Non-Party’s confidential information responsive to the discovery

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

not produce any information in its possession or control that is subject to the

confidentiality agreement with the Non-Party before a determination by the court.

Absent a court order to the contrary, the Non-Party shall bear the burden and expense

of seeking protection in this court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 16 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 16 of 20 Page ID #:108

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

Protected Material to any person or in any circumstance not authorized under this

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

to retrieve all unauthorized copies of the Protected Material, (c) inform the person

or persons to whom unauthorized disclosures were made of all the terms of this

Order, and (d) request such person or persons to execute the “Acknowledgment and

Agreement to Be Bound” that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR

OTHERWISE PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

inadvertently produced material is subject to a claim of privilege or other protection,

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

may be established in an e-discovery order that provides for production without prior

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

parties reach an agreement on the effect of disclosure of a communication or

information covered by the attorney-client privilege or work product protection, the

parties may incorporate their agreement in the stipulated protective order submitted

to the court.

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of this

Protective Order, no Party waives any right it otherwise would have to object to

disclosing or producing any information or item on any ground not addressed in this

Stipulated Protective Order. Similarly, no Party waives any right to object on any

ground to use in evidence of any of the material covered by this Protective Order.

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 17 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 17 of 20 Page ID #:109

12.3 Filing Protected Material. A Party that seeks to file under seal any

Protected Material must comply with Local Civil Rule 79-5. Protected Material may

only be filed under seal pursuant to a court order authorizing the sealing of the

specific Protected Material at issue. If a Party’s request to file Protected Material

under seal is denied by the court, then the Receiving Party may file the information

in the public record unless otherwise instructed by the court.

13. FINAL DISPOSITION

Within 60 days after the final disposition of this action, as defined in Section

4 (DURATION), each Receiving Party must return all Protected Material to the

Producing Party or destroy such material. As used in this subdivision, “all Protected

Material” includes all copies, abstracts, compilations, summaries, and any other

format reproducing or capturing any of the Protected Material. Whether the

Protected Material is returned or destroyed, the Receiving Party must submit a

written certification to the Producing Party (and, if not the same person or entity, to

the Designating Party) by the 60 day deadline that (1) identifies (by category, where

appropriate) all the Protected Material that was returned or destroyed and (2) affirms

that the Receiving Party has not retained any copies, abstracts, compilations,

summaries or any other format reproducing or capturing any of the Protected

Material. Notwithstanding this provision, Counsel are entitled to retain an archival

copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

work product, and consultant and expert work product, even if such materials contain

Protected Material. Any such archival copies that contain or constitute Protected

Material remain subject to this Protective Order as set forth in Section 4

(DURATION).

14. VIOLATION

Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

017333.00013

38460207.2

Case 2]22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page18of20 Page ID #:110

2 | □□ □□ SO STIPULATED, THROUGH COUNSEL OF RECORD.

4 || Dated: October 25, 2022 LAW OFFICES OF ALBERT CHANG

By: /s/ Hyunsuk Albert Chang

6 Hyunsuk Albert Chang

7 Attomey for Plaintiff

Hyupsung T.R.D. CO., LTD.

||Dated: October 25, 2022 ATKINSON, ANDELSON, LOYA, RUUD &

ROMO

. By: /s/ David Kan

David Kang

Bee Attorneys for Defendants

ag ES 14 Volumecocomo Apparel, Inc. and

2 Hyosik Chang aka Christopher Chang

gS a5

Eee 1

8°

s 17

4 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: 10/25/2022

22 □□

HON. ALEXANDER F. MacKINNON

United States Magistrate Judge

STIPULATED PROTECTED ORDER

017333.00013 -18-

38460207.2

STIPULATED PROTECTED ORDER

- 19 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221

84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 19 of 20 Page ID #:111

017333.00013

38460207.2

STIPULATED PROTECTED ORDER

- 20 -

GNAHC TREBLA FO SECIFFO WAL

024 etiuS ,teertS ht091 .W 5221 84209 ainrofilaC ,anedraG

6386-967 )013(

Case 2:22-cv-00990-GW-AFM Document 26 Filed 10/25/22 Page 20 of 20 Page ID #:112

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _________________ , [print or type full name], of _______________ [print or

type full address], declare under penalty of perjury that I have read in its entirety and

understand the Stipulated Protective Order that was issued by the United States

District Court for the Central District of California on _______________ [date] in

the case of Hyupsung T.R.D. Co, Ltd. v. VolumeCocomo Apparel, Inc., et al., Case

No. 2:22-cv-00990-GW-AFM. I agree to comply with and to be bound by all the

terms of this Stipulated Protective Order and I understand and acknowledge that

failure to so comply could expose me to sanctions and punishment in the nature of

contempt. I solemnly promise that I will not disclose in any manner any information

or item that is subject to this Stipulated Protective Order to any person or entity

except in strict compliance with the provisions of this Order. I further agree to submit

to the jurisdiction of the United States District Court for the Central District of

California for enforcing the terms of this Stipulated Protective Order, even if such

enforcement proceedings occur after termination of this action. I hereby appoint

__________ [print or type full name] of ____________ [print or type full address

and telephone number] as my California agent for service of process in connection

with this action or any proceedings related to enforcement of this Stipulated

Protective Order.

Date: _______________________

City and State where sworn and signed: _______________________

Printed name: _______________________

Signature: _______________________

017333.00013

38460207.2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.